. >> mr. chairman, i have identified nine separate specific assertions made by lois lerner on may the 22nd, and that was after she asserted her right against privilege. >> reporter: the top democratic, elijah cummings tried to argue against the resolution with a different interpretation of the law. >> not trying to make this more difficult than it should be, it's just that i think that when we are dealing with -- i am very sensitive to this, this constitution, because i wouldn't be here if it wasn't for it. >> reporter: learner remains under subpoena, can be recalled to testify, but some republicans appeared irritated she remains on federal payroll while on administrative leave and is uncooperative. >> lois lerner is, in fact, a poster child for thumbing her nose, a federal bureaucrat, thumbing her nose at congress. >> reporter: a massachusetts democrat defended that behavior. >> i think that is a constitutional right to thumb your nose at the government, and i think considering the fact that